Flynt v. Hatchett
Supreme Court of Georgia
In Equity, in Harris Superior Court. Tried before Judge Alexander, September Term, 1850. On the 28th March, 1826, William Hatchett executed and delivered to John B. Hatchett a deed of trust, conveying certain lands and negro slaves, and a considerable quantity of personal property, first to pay the debts of said William, then in trust for the use of the wife of William Hatchett and his minor children, during the natural life of said William, and at his death to assign…
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In Equity, in Harris Superior Court. Tried before Judge Alexander, September Term, 1850. On the 28th March, 1826, William Hatchett executed and delivered to John B. Hatchett a deed of trust, conveying certain lands and negro slaves, and a considerable quantity of personal property, first to pay the debts of said William, then in trust for the use of the wife of William Hatchett and his minor children, during the natural life of said William, and at his death to assign one-third part thereof to the wife of said William, to he enjoyed during her life, and at her death, to be equally divided by…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] This action is founded on the trust deed. It is brought to enforce the trust. Whatever rights the complainants have, they grow out of the deed. They set forth the deed, and claim to be beneficially interested in the property which it conveys. Affirming, they claim under it. The legal title is in the defendant — he having accepted the trust. The complainants come into Equity, to divest his legal title, and to assert their claim as cestui que trusts. The defendant, in his answer, does not deny the deed, or his character of trustee, or that the…
2Cases cited1 opinion
- Wood v. Executors of RikerNew York Court of Chancery · 1829
3Cited by2 opinions
- Scott v. HaddockSupreme Court of Georgia · 1852
- Ragland v. Justices of the Inferior Court ex rel. JonesSupreme Court of Georgia · 1851